DOL Mulls Return to Obama-Era “Persuader” Reporting Rule

In late April 2021, the Department of Labor’s (DOL) Office of Labor-Management Standards (OLMS) signaled its intent to revisit the “Persuader Rule” — an Obama-era regulation that imposes strict reporting requirements on employers facing organization. Although the Persuader Rule has not yet been reinstated, and will almost certainly face significant opposition, employers should be aware of the possible ramifications of the regulation.

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New York City Council Imposes Stricter Discipline Requirements on Fast Food Employers

In an expansion of the Fair Workweek Law, the New York City Council has passed legislation permitting quick-service restaurant employers to terminate employees only for just cause or a bona fide economic reason. These heightened requirements effectively eliminate the at-will status of industry employees and create a discipline structure similar to that bargained for by unionized workforces. With the new protections set to take effect in July, employers should begin drafting and implementing policies to comply with the new laws as soon as practicable.

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NLRB General Counsel Rescinds Trump-era Memos, Signaling Shift Toward New Policy Objectives

Signaling the beginning of what likely will be a major policy shift, Peter Ohr, acting General Counsel of the National Labor Relations Board, revoked 12 administrative guidance memoranda issued by his predecessor, Peter Robb. Both union and nonunion employers should keep a close eye on further action by Ohr.

For the full alert, visit the Faegre Drinker website.

Potential Changes to Labor Policy Under a Biden Administration

Employers should anticipate major changes to national labor policy when President-elect Joe Biden assumes the Oval Office. Through a combination of legislation and revisiting Trump-era NLRB decisions, the incoming administration will likely seek to increase union membership by facilitating organization, shortening election periods and reducing the bargaining period for the first collective bargaining agreement.

For the full alert, visit the Faegre Drinker website.

NLRB Decision Gives Employers More Freedom to Address Offensive and Abusive Conduct

On July 21, 2020, the National Labor Relations Board (NLRB or the Board) issued a long-awaited decision giving employers more freedom to discipline employees who engage in abusive, obscene or profane conduct in connection with their work. In General Motors, LLC, 369 NLRB No. 127 (2020), the NLRB rejected three context-specific rules formerly used to assess whether an employee’s inappropriate conduct is protected by Section 7 of the National Labor Relations Act (NLRA or the Act). Instead, the NLRB will now assess that conduct under the Wright Line standard, which is used to evaluate all other claims of discriminatory conduct under the Act.

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Pandemic Furloughs in Place? Time to Assess Your WARN Obligations

The Coronavirus pandemic business closings started in mid-March by orders of the governors of many states. Some closings were a consequence of customer demand suddenly drying up. It has now been over two months since some of those closings began, and almost every state in the United States is now fully allowing the reopening of businesses. It is time to assess: is there to be a reopening? If yes, please view our extensive alert regarding Return to Work issues. If not, or if you are considering a reopening with less than a full complement of the workforce that was in place in early March, it is time to start assessing compliance with the federal Workers Adjustment and Retraining Notification Act, or WARN, 29 U.S.C. §§ 2101 et seq, (FED WARN) and its states’ counterpart laws, or “mini-WARN” laws.

To read the full alert, please visit the Faegre Drinker website.